FAR 52.246-20 - Warranty of Services

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Prescribed in 46.710(d)

Effective Date:1 May 2001
Clause or Provision:Clause
Provision or Clause Number: 52.246-20 - Warranty of Services

Principle Type And/Or Purpose of Contract:
Required:
Applicable:
Optional:Utility Services; Simplified Acquisition Procedures (Excludes Micro-Purchase); Transportation; Facilities; Indefinite Delivery; Dismantling, Demolition or Removal of Improvements; Leasing of Motor Vehicles; Communication Services; Fixed Price, Construction; Time & Material/Labor Hour; Cost Reimbursement, Construction; Fixed Price, Service; Cost Reimbursement, Supply; Cost Reimbursement, Service
Subject:
ProcurementType:
Contract Threshold:
Prescription Overview:

Prescription

Clause Overview:

Clause

(a) Definition “Acceptance,” as used in this clause, means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing and identified supplies, or approves specific services, as partial or complete performance of the contract.


(b) Notwithstanding inspection and acceptance by the Government or any provision concerning the conclusiveness thereof, the Contractor warrants that all services performed under this contract will, at the time of acceptance, be free from defects in workmanship and conform to the requirements of this contract. The Contracting Officer shall give written notice of any defect or nonconformance to the Contractor ____________ [Contracting Officer shall insert the specific period of time in which notice shall be given to the Contractor; e.g., “within 30 days from the date of acceptance by the Government,”; within 1000 hours of use by the Government;” or other specified event whose occurrence will terminate the period of notice, or combination of any applicable events or period of time]. This notice shall state either—

  • (1) That the Contractor shall correct or reperform any defective or nonconforming services; or
  • (2) That the Government does not require correction or reperformance.


(c) If the Contractor is required to correct or reperform, it shall be at no cost to the Government, and any services corrected or reperformed by the Contractor shall be subject to this clause to the same extent as work initially performed. If the Contractor fails or refuses to correct or reperform, the Contracting Officer may, by contract or otherwise, correct or replace with similar services and charge to the Contractor the cost occasioned to the Government thereby, or make an equitable adjustment in the contract price.


(d) If the Government does not require correction or reperformance, the Contracting Officer shall make an equitable adjustment in the contract price.

Important Notes/Requirements:
Subcontract Threshold:
Incorporated by Reference:Yes
Uniform Contract Format:I
Editor:Marshall

Personal notes.